A MOTORCYCLIST severely injured while overtaking a car four years ago has lost his fight for full compensation.
Mechanic John Henderson, of Newport, Isle of Wight, sustained injuries to his left eye, forearm and knee when his 600cc motorbike was catapulted over a hedge after colliding with a car.
His girlfriend and pillion passenger Louise Toogood suffered even graver injuries.
In April last year a judge at Chichester Crown Court ruled Mr Henderson and the car driver were equally responsible for the August 1998 accident.
Judge Barrett said at the time that Mr Henderson was "not riding at a speed commensurate with the substantial risks of which he is well aware".
His failure to take the necessary evasive action was "partly attributable to the fact that he was found only to be only just under the alcohol limit just after the accident" the court was told.
The car driver was equally to blame as he should and could have seen the motorcycle fast approaching as he made the decision to overtake another vehicle, ruled Judge Barrett.
But the judge's decision meant that Mr Henderson could only hope to win half of the full damages.
His lawyers urged Appeal Court judges to hold that the motorist bore a greater share of blame for the accident, but the case was dismissed at the hearing on Monday.
The accident happened on the A3054 Yarmouth to Newport Road as the motorist was attempting to overtake another vehicle and Mr Henderson's motorbike drew alongside.
The motorbike collided with the car's passenger door and Mr Henderson was thrown over a nearby hedge by the impact.
He claimed he had reduced speed after coming over the brow of the hill before "indicating his intention to overtake both vehicles".
Lord Justice Tuckey dismissed his appeal and said Judge Barrett was entitled to take account of Mr Henderson's alcohol reading in reaching his decision.
"The evidence that Mr Henderson was going at an excessive speed was overwhelming," the judge added.
If settlement terms are not reached in the meantime, Mr Henderson's damages will have to be assessed at another court hearing.
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